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7.2. PRSR 02-11-2015 ECit of lk Request for Action River To Item Number Parks and Recreation Commission 7.2 Agenda Section Meeting Date Prepared by Discussion Item February 11,2015 Michael Hecker,Parks and Recreation Director Item Description Reviewed by Reducing Deer Density in Parks Dave Anderson,Parks and Recreation Commission Chair Reviewed by Action Requested Informational. This discussion item will be led by Parks and Recreation Commission Chair Dave Anderson. Background/Discussion Whitetail deer population density varies widely throughout the State. Deer have been in the news a lot lately as deer hunters would like deer numbers to be higher in many areas of the state. Years of liberal hunting limits,two consecutive harsh winters and predation have all been a factor in reducing deer density in areas where the population is considered to be too low. This past deer hunting season,very conservative limits were set in most parts of the state in response to these low numbers. In contrast,deer are thriving in certain areas,primarily urban areas,where hunting opportunities are limited due to human population density and local ordinance. In Elk River,like many other cities,there are high deer populations in certain areas. Deer feeding can also be a factor in creating high deer densities in localized area. While they may be fun to watch,when deer densities are too high,deer can also become a nuisance. The most common problems include;car/deer collisions, damage to crops and gardens,damage to home landscaping and damage to forests due to over browsing. Many of our parks are suffering from over browsing. Over browsing limits natural forest regeneration and hurts reforestation efforts. Deer exclosures are needed for the protection of most desirable tree species until they mature beyond the point where deer can eat the top of the tree. One of the ways to help control deer population is to increase safe hunting opportunities within restricted areas. While current Elk River City Ordinance allows this, there are still many areas within the city where hunting is restricted but could be safely done with bow and arrow or crossbow. Primary among these areas are many of our parks and small parcels of land adjacent to parks. In previous meetings,the commission has agreed that it is worth exploring the possibility of archery hunting for deer in some parks. Many cities and entities have well developed archery deer hunting opportunities that work well for helping to control deer density. We have started the process to investigate the details surrounding � r E I E 1 1 1 Template Updated 4/14 NATURE expanded archery deer hunting opportunities in Elk River,including in parks. On November 25th, Commissioner Anderson met with Sargent Dave Dummer of the ERPD to start this process. They have since had one follow-up meeting that included MNDR Conservation Officer Mitch Sladek. The purpose of having this discussion is twofold. The first is to update the Commission on progress and secondly to discuss next steps. Some of the next steps for discussion include: 1. The timing of updating the Elk River Mayor and City Council, 2. The concept of forming a volunteer group to aid in the establishment of the proposed rules for the hunts and to help with the management of the hunts if it progresses to that point. 3. Consideration for allowing hunting on what specific park property and smaller lots adjacent to parks. Financial Impact None at this time. Attachments • City Ordinance • Hunting Map • Permission Slip N:\Departments\Parks and Recreation\Commission\Packets\2015\02-11-15 PRC Packet\7.3 Reducing deer density in parks.docx Elk River, MN Code of Ordinances [codes] - DIVISION 2. - DANGEROUS WEAPONS ... Page 3 of 5 Except as specifically authorized in this division, the discharge or use of dangerous weapons within the city is hereby prohibited. (Code 1982, §404.02) Sec. 50-114. -Aiming at human beings. The aiming of any dangerous weapon, whether loaded or not, at or toward any human being is hereby prohibited. (Code 1982,§404.04) Sec. 50-115. - Selling or furnishing to person under 18 years of age. The selling, giving, loaning or furnishing in any way of a dangerous weapon to a minor under the age of 18 years without the written consent of his parent or guardian or of a police officer or magistrate is hereby prohibited. (Code 1982,§404.06) Sec. 50-116. - Handling and use by persons under 18 years of age. No minor under the age of 14 years shall handle or use any dangerous weapon except while in the presence of his parent or guardian. No minor under the age of 18 years shall handle or use any dangerous weapon except while in the presence of his parent or guardian, or with the written consent of his parent or guardian or of a police officer or magistrate. (Code 1982,§404.08) Sec. 50-117. - Hunting and shooting. (a) Generally; written permission required. Hunting or shooting upon land within the city may be conducted with the written permission of the landowner except as prohibited in this section. No permission shall be required for the owner of such land, or members of the owner's immediate family or guests in the company of the owner of the land. (b) Prohibited areas. The discharge or use of a dangerous weapon shall be prohibited in the following locations: (1) On lands zoned AR, R1 a (if platted), R1 b, R1 c, Rid, R2a, R2b, R3, R4, PUD, BP, CRT(if platted), DD, MU-ERP, C1, C2, C3, C4. (2) On lands zoned I-1 or I-2 if such zoning districts are contiguous on two or more sides to lands zoned R-1 b, R-1 c, R-2, R-3, R-4 or PUD. (3) Within 500 feet of any building, structure, platted area, public park, public trail, or https://www.municode.com/libraiy/mn/elk_river/codes/code_of ordinances?nodeld=COOR... 2/4/2015 Elk River, MN Code of Ordinances [codes] - DIVISION 2. - DANGEROUS WEAPONS ... Page 4 of 5 public/private school. (4) Within 1,000 feet of the ordinary high-water mark of Lake Orono or the Elk River. (5) The discharge or use of a dangerous weapon may be allowed in the prohibited areas of subsection (b)(1)—(4) under the following circumstances: a. At an organized gun club as defined in section 50-118 for the discharge of shotguns from a currently existing permanent shooting pads and rifles from currently existing shooting pads and target placements directed away from buildings and platted areas; or b. If an individual is a registered participant at an organized biathlon range in a public park for the discharge of low velocity rifles at an established shooting range directed away from the buildings, other public uses, or platted areas; or c. Only archery target practice may occur at a city-permitted archery range within the confines of a city park, as approved by the park commission and city council; or d. A request in writing to hunt in these areas may be approved by the police chief or his designee if the person requesting is either the landowner or has received permission from the landowner, and the hunting can be done in a safe manner. Granted requests require that the hunter(s) be issued a special permit which shall be displayed at all times while hunting on the permitted property. (c) Notwithstanding the provisions of subsection (b) of this section: (1) The discharge or use of BB guns, pellet guns and slingshots in a safe manner by adults over the age of 18 years, or by minors under the age of 18 years who are under the direct supervision of their parent or guardian, is permitted upon any land within the city with the written permission of the landowner, except that no permission shall be required for the owner of such land or for members of the owner's immediate family or guests in the company of the owner of the land. (2) The discharge or use of dangerous weapons at indoor target ranges which are operated in a manner to ensure that projectiles are contained on the premises and within the target range and so as not to endanger the life or safety of any person and which are otherwise consistent with the requirements of this Code is permitted in any location within the city. A projectile leaving the premises upon which a target range is operated or a person injured by a projectile fired at the premises is prima facie evidence of the target range being operated in an unsafe manner and in violation of this division. • (3) The discharge or use of dangerous weapons at outdoor target ranges which are operated in a manner to ensure that projectiles are contained on the premises and within the target range and so as not to endanger the life or safety of any person and which are otherwise consistent with the requirements of this Code is permitted at any location on lands zoned R-la (unless platted), A-1, I-1, or 1-2 with the written permission of the landowner, provided that the discharge or use of dangerous weapons at such target ranges does not endanger or constitute a nuisance to adjoining or nearby properties.A projectile leaving the premises upon which a https://www.municode.com/library/mn/elk_river/codes/code_of ordinances?nodeId=COOR... 2/4/2015 I I I I I ! 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I I I I I I I I f _ `,rte'n Nfl�.. 2015 HUNTING MAP J !.1-r � ■ir� �_ - _r_ ■ �1 1 I TI IR DISCI IARGB OR USE OF A DANGEROUS WEAPON IS PROHIBITED WITHIN BOUNDARY — _s �. ® 111 _ A request in writing to hunt in these areas by the landowner or by someone urn,has received permission from '•�, the landowner issued may a be special per only which the Police i pl yed their times designee.while a Granted urn the require that the 1 11111116111111111111,,� huntcr(s)be issued a sperial permit which sha0 be displayed at anima while hunting on the permitted property.Sec City Ordinance Section 50.117 for more detials on I hinting and Shooting. — l� !1 ►� .� _ Contort the Pnlirr.Dpamnenr at 7[s).635.1?(dl ,.� Of Applications are available on the City\Website at wvw.ci.elk-river.mows * `s. kid 111110111 go to Departments-Police.Applicaions.Hunting Applications 1 kid 11 �1��� �11�1,.,e '� , F II ! !I 1 — �1 _ ., . River I 1 1 1 1 _a. 1111'- Nir■ i i�P‘,iogt —". .�, , .............. 1 I I ! i ! ! g// City of Elk River Police Department CITY OF ELK RIVER 2015 LANDOWNER'S PERMISSION SLIP Full Name: Date of Birth: Phone number: Address: MN DNR# Driver's License# License Type (check all that apply): ❑ Small Game ❑ Waterfowl ❑ Turkey/Shotgun ❑ Turkey/Archery ❑ Deer(Archery) ❑ Deer(Shotgun Slug) ❑ Deer(Muzzleloader) HUNTER'S CONSENT I agree to abide by the rules established for hunting within the City of Elk River and I realize failure to comply will lead to prosecution under Section 50 of the City code,as it may from time to time be amended. I will carry this permission slip on my person at all times when hunting on this property. I will not discharge a firearm or bow closer than 500 feet from any inhabited structure without the written permission of the owner,occupant,or lessee of such structure. I will complete a HARVEST INFORMATION SHEET(if applicable) at the completion of the 2015 hunting season and return it to the City no later than February 1",2016. I understand that I must have the City issued back tag in my possession at all times when hunting within the City. Hunter's Signature Back Tag# LANDOWNER'S CONSENT I ,hereby authorize the above named hunter to hunt on my property located within the City's"no hunting"boundary during the 2015 hunting season. In granting this permission,I am not accepting any responsibility for or incurring liability for any injury to the person or property caused by an act or omission of the person (M.S. 604A.23). I further understand the City,likewise,accepts no responsibility or liability in regards to hunting game on my property. Landowner Name (Printed) Landowner Signature Address or Legal Description of Property to be Hunted ❑Approved [' Disapproved Designee Sergeant By Authority of Bradley R.Rolfe,Chief of Police